Patna High Court
Papitakali @ Kajal KumariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner with conditions.
Summary
The petitioner, Papitakali @ Kajal Kumari, owner of a musical orchestra, was arrested in connection with alleged exploitation of five minor girls who were forced to dance and were inappropriately touched by customers. She faced charges under multiple sections of the Bihar Negotiable (BNS) Act, the POCSO Act, the Juvenile Justice Act, and the Bonded Labour System Abolition Act. The petitioner contended she was merely an owner, had no criminal antecedent, and the victims had not alleged sexual assault, seeking regular bail after being in judicial custody since 23‑02‑2026. The State opposed bail, citing the seriousness of the offences involving minors. After hearing both sides, the court granted regular bail on a bond of Rs.10,000 with two sureties and imposed a condition that she not operate such a business in the future.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under the POCSO, Juvenile Justice, and Bonded Labour System Abolition Acts involving minors.
Legislation cited
- BNS Act — s. 114(4), 143(2), 143(3), 145, 74
- Bonded Labour System (Abolition) Act — s. 16, 17, 18
- Juvenile Justice Act — s. 75, 79
- POCSO Act — s. 8
Subjects
- bail
- POCSO
- juvenile justice
- bonded labour
- minor exploitation
- criminal procedure
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33207 of 2026
Arising Out of PS. Case No.-38 Year-2026 Thana- SARMERA District- Nalanda
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Papitakali @ Kajal Kumari D/o Dadu Lal Ghasiya R/o Village - Darbari Ward
No.2, PS - Chitarangi, District - Singarauli, State - Madhya Pradesh
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sakendra Kumar Bind S/o Late Nepali Bind R/o Village - Mano English, P.S
- Suryagarha, District - Lakhisarai
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Prasad, Advocate
For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-05-2026 Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 143(2),
143(3), 145, 74, 114(4) of BNS and Section 8 of the POCSO
Act, Sections 75 and 79 of Juvenile Justice Act and Sections 16,
17 and 18 of Bonded Labour System Abolition Act.
3. The case of the prosecution is that the petitioner is
proprietor of one Kajal Musical Orchestra Group and from her
orchestra, altogether five minor girls were recovered. During
course of investigation, they have given their statement and
have stated that they were forced to dance on Bhojpuri song and
Patna High Court CR. MISC. No.33207 of 2026(2) dt.18-05-2026
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where, they were inappropriately touched by the customers and
on being complained, the petitioner abuses them saying that the
money can be earned only in this way.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that petitioner is a lady
and she is merely an owner of that orchestra group. The victims
have not alleged any kind of sexual assault. A statement has
been made in para-3 of this petition that the petitioner has got no
criminal antecedent. Moreover, she is languishing in judicial
custody since 23.02.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Sarmera P.S. Case No. 38 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Additional Sessions Judge
VII-cum Special Judge, POCSO Biharsharif, Nalanda with a
condition that the petitioner shall not run such type of
Patna High Court CR. MISC. No.33207 of 2026(2) dt.18-05-2026
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business in future.
(Ashok Kumar Pandey, J)
Shubham/-
Sneha/-
U T
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